An opt-out test during sexually transmitted disease screening

The text as introduced · 545 words

89R18093 JTZ-F

By: Jones of Dallas
H.B. No. 4147

A BILL TO BE ENTITLED

AN ACT

relating to informed consent for certain screening tests.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 85.002, Health and Safety Code, is

amended by adding Subdivision (4-a) to read as follows:

(4-a) "Screening test" means a rapid analytical

laboratory or other procedure to determine the need for further

diagnostic evaluation relating to an infection described by

Subdivision (1) or (4).

SECTION 2. Subchapter D, Chapter 85, Health and Safety

Code, is amended by adding Section 85.0815 to read as follows:

Sec. 85.0815. OPT-OUT TESTING IN MEDICAL SCREENINGS FOR

SEXUALLY TRANSMITTED DISEASES. (a) A health care provider who

collects a sample of an individual's blood as part of a medical

screening for a sexually transmitted disease shall submit the

sample for a screening test, unless the individual opts out of the

screening test.

(b) Before collecting a sample of an individual's blood as

part of a medical screening for a sexually transmitted disease, a

health care provider must obtain the individual's consent for a

screening test and inform the individual that the screening test

will be performed unless the individual opts out of the screening

test.

(c) If an individual receives a positive test result for a

screening test conducted under Subsection (a), the health care

provider who submitted the individual's blood for the test must

provide information on available and applicable health care,

education, prevention, and social support services to the

individual.

(d) The executive commissioner shall adopt rules to

implement this section. In adopting rules, the executive

commissioner must consider the most recent recommendations of the

Centers for Disease Control and Prevention for testing of adults

and adolescents using a screening test.

SECTION 3. (a) The executive commissioner of the Health and

Human Services Commission shall adopt the rules required by Section

85.0815, Health and Safety Code, as added by this Act, not later

than January 1, 2026.

(b) Notwithstanding Section 85.0815, Health and Safety

Code, as added by this Act, a health care provider is not required

to comply with that section until January 1, 2026.

SECTION 4. (a) Notwithstanding any other section of this

Act, in a state fiscal year, the Health and Human Services

Commission is not required to implement a mandatory provision in

another section of this Act imposing a duty on the commission to

take an action unless money is specifically appropriated to the

commission for that fiscal year to carry out that duty. The

commission may implement the provision in that fiscal year to the

extent other funding is available to the commission for the

implementation.

(b) If, as authorized by Subsection (a) of this section, the

Health and Human Services Commission does not implement the

mandatory provision in a state fiscal year, the commission, in the

commission's legislative budget request for the next state fiscal

biennium, shall certify that fact to the Legislative Budget Board

and include a written estimate of the costs of implementing the

provision in each year of that next state fiscal biennium.

(c) This section expires and any duty suspended by

Subsection (a) of this section becomes mandatory on September 1,

2029.

SECTION 5. This Act takes effect September 1, 2025.